This is the next article in my series on the handling of childcare related injuries in Peoria and other Illinois areas. My last article discussed proving negligence after a daycare injury. It is strongly suggested that one immediately retain an attorney after such an incident. Counsel will take immediate steps to ensure that evidence of the incident is preserved. In this article, I will be discussing how damages may be calculated in such a case. If you or a family member are in need of assistance then contact my office today to speak with a personal injury lawyer.
Peoria families may be entitled to compensation for negligence and loss of consortium after a childcare injury
Peoria families may bring multiple cases of action after a childcare-related injury. First, the owner of the childcare as well as relevant employees are likely to be sued for negligence. This cause of action would be used to gain “compensatory damages” for the child. Second, there may be additional causes of action brought, such as one for negligent hiring and supervision against the owner specifically. Third, the parents will often bring a claim for “loss of consortium” due to the loss of love and affection if the child was seriously injured and for how the incident has harmed many of the joyful moments which naturally flow from being a parent.
The first type of compensation which a family may receive are for what are known as “compensatory” damages. These amounts are meant to “compensate” for harm that has been done. Compensatory damages are subdivided into “economic” and “non-economic” amounts. Economic losses involve medical bills paid to date, the cost of future medical care, and wages which the child may lose in their lifetime if they have been permanently harmed. They can also include wages which the parents have lost, and money which has been expended, due to caring for the child now and in the future. Non-economic losses include compensation for pain and suffering, emotional distress, scarring, and more. The determination of such damages can be highly subjective. Should the matter not settle, then a jury will be tasked with determining the amount of compensation which a family will receive.
It is important to note that Illinois’ comparative fault laws will apply to a childcare injury. I have previously discussed how comparative fault applies in a pedestrian accident. In short, and as explained in that article, a Plaintiff’s award will be reduced by any extent to which the jury believes the Plaintiff is partially at fault for the accident. So, for example, if a jury finds that a Plaintiff bears twenty percent of the responsibility for a $500,000 claim, then the family will recover $400,000 ($500k – 20%). The application of comparative fault is also left to the jury. This means that a final determination will vary based on the finders of fact (the jurors).
Illinois parents may be able to recover punitive damages in some instances
If the facts of a case show that a daycare acted with intentional or reckless disregard for safety then the family may be able to recover punitive damages. While compensatory damages, discussed above, are meant to compensate the victims for their losses, punitive damages are meant to “punish” a defendant for extreme conduct. It should be noted that these types of damages are often reserved for more extreme cases. Examples may include situations in which a daycare knowingly employed workers with known drug addictions, situations in which dangerous conditions were left in place to save money, etc. Your attorney will give you an honest assessment as to whether punitive damages may be possible in your case.
If your son or daughter has been injured then contact my office today to speak with a Peoria childcare injury lawyer. My firm is devoted to protecting the rights of those who have been injured by the acts of another. I understand that this is a serious time in your life and my firm will give your case the attention it both needs and deserves. Contact us online or by telephone to schedule an initial consultation. We look forward to speaking with you. My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
